Plaintiff does not oppose removal and has submitted nothing indicating that she believes that her claim is worth less than $75,000. Defendant relies on the allegations in plaintiff's complaint in which plaintiff states that she incurred lost wages, benefits, advancement opportunities and emotional distress. In cases like the present one, where the complaint is indeterminate concerning the amount in controversy, federal jurisdiction will be found if there is proof to a "reasonable probability that the claim is in excess of the jurisdictional amount." Chase v. § 802.02(1m), a plaintiff in a tort case is not permitted to specify in the complaint the amount of damages sought. With respect to the amount in controversy, under Wis. Plaintiff is a citizen of Wisconsin, and defendant is an Ohio corporation whose principal place of business is Ohio thus, the parties are diverse. The party invoking federal jurisdiction has the burden of establishing it. § 1332(a)(1), federal courts have jurisdiction where the parties are diverse and the amount in controversy exceeds $75,000 exclusive of interest and costs. A state court defendant may remove an action to federal court if the action could have been initiated in federal court. The parties do not address the issue of the court's jurisdiction, but I must do so because federal courts are obliged to police their own jurisdiction. Plaintiff opposes defendant's summary judgment motion but does not object to referring the dispute to defendant's ADR program. In the alternative, defendant requests that I stay the present case and refer the dispute to its ADR program. Defendant now moves for summary judgment arguing that plaintiff did not submit her claim to its mandatory alternative dispute resolution ("ADR") program within the 300 day limitation period established by the program. Plaintiff Richelle Peddie, a former employee of defendant Sterling Jewelers, Inc., brought this wrongful discharge suit in state court, and defendant removed the case based on diversity of citizenship. Duddleston, Minneapolis, MN, for Defendant. Olson, New Berlin, WI, for Plaintiff.ĭavid J.
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